Parole is not automatic. If you want to be released on parole, you must apply to the Adult Parole Board, and what you do during your sentence is what the Board will look at. This guide explains who can apply, how to prepare, when and how to apply, what the Board considers, and what to do if parole is refused.

Who can apply

You can only be released on parole if the court set a non-parole period when it sentenced you. Reaching the end of that period does not mean you will be released. You must apply to the Adult Parole Board, and the Board decides whether releasing you is consistent with the safety of the community.

You can choose not to apply, but then you will serve your full sentence in prison. You can change your mind at any time before your sentence ends, but if you apply too late there may not be time for a decision or for a useful period on parole.

Preparing for parole while you are in prison

Preparation starts long before you apply.

Think honestly about your offending

As part of the assessment, a parole officer will interview you about what led to your offending, who was harmed, how it affected your family, and what you will do differently. A summary of that interview goes to the Board. Genuine reflection matters more than the right words.

Take part in assessments and programs

You will be assessed for programs such as violence, sexual offending or alcohol and drug programs. Co-operate with the assessment and complete what you are assessed as needing. You may need to move units or prisons to do a program, so avoid incidents that could affect your classification or your acceptance into it.

If you cannot do a program for reasons outside your control, such as being on protection, a language barrier, an intellectual disability or a waiting list, the Board will take that into account. It will only release you without the program if it is satisfied your risk can be managed in other ways, such as through parole conditions.

Use education and life-skills programs

Education, training and programs on parenting or relationships help you build a more stable life on release, which makes parole easier to get and easier to complete.

Keep your behaviour in custody clean

Violence, aggression or repeated rule-breaking make it hard for the Board to trust that you will comply with parole. Prisoners are drug tested. A positive test for illicit drugs, or for prescription drugs without a prescription, can lead the Board to decide you are not ready for release.

Work out where you will live

You nominate an address on your parole application. Community Correctional Services checks whether it is suitable. The Board is likely to reject an address shared with someone who uses drugs or offends, or, where there is a history of family violence, with a victim of family violence. If your address is not accepted, your application may be deferred until you find another one, so choose carefully and have a backup.

When to apply

You can apply up to 12 months before your earliest eligibility date. For sentences of more than 10 years, the Board's process can begin up to three years before that date.

How to apply

Your case manager will give you a short application form. The prison's Case Management Review Committee then meets with you to discuss the application and prepares a report that goes to the Board with it. Corrections Victoria staff at the prison will help you through the process.

What happens after you apply

The Board first decides whether your application should progress. If it does, the Board asks Community Correctional Services for a Parole Suitability Assessment. This is a detailed report covering your risk to the community, family and social background, work history, alcohol and drug use, behaviour in prison and proposed accommodation. It also recommends conditions. Once the Board has the assessment, it decides on the papers whether to grant parole.

The Board does not control how long the assessment takes. It may not be ready by your earliest eligibility date, and the Board will not decide until it has everything it needs.

What the Board considers

Alongside community safety, the Board takes into account:

  • the sentence, and anything the judge said about parole and rehabilitation
  • psychiatric or psychological reports, both those before the sentencing court and any the Board requests
  • the nature and circumstances of the offending, victim impact statements and any victim submission
  • your criminal history, including how you went on past parole or community orders
  • formal risk assessments and your progress in any treatment or programs
  • your behaviour in prison, including drug test results
  • whether you have suitable and stable accommodation. For serious offenders, the Board also considers a detailed home assessment and police and Corrections intelligence.

Start early

Programs in custody often have waiting lists, and the Board may not release you until you have completed them. Accommodation also takes time to arrange and verify. Talk to your case manager well before your non-parole period ends about when to apply and what you still need to complete. Leaving preparation until the last minute can delay your release even if you are otherwise suitable.

If parole is denied

In most cases you can reapply straight away. The Board will look at why it refused you before and whether there is new information that substantially reduces your risk. If there has been no change and none is likely soon, the Board can direct that you cannot reapply for a set period.

Board decisions cannot be appealed, but you can write to the Board asking it to review a decision. If there is a proper basis, the Board may review it, or it may deal with the request another way, such as by explaining its decision. There is no limit on the number of times you can apply for parole, and your chances improve if you can show you have dealt with the reasons for an earlier denial, deferral or cancellation.

Different rules apply to people serving life sentences. If parole is refused, the Board must set a no-return period of up to five years. For certain prisoners serving life for the most serious murders, the Board must also consider whether to declare them ineligible for parole for between five and 10 years.

What you and your family can do now

  • Check your earliest eligibility date and, if you are within 12 months of it, ask your case manager about applying.
  • Complete any programs you have been assessed as needing, and take up education or training.
  • Line up accommodation, and a backup option.
  • Gather reports, your NDIS plan and contact details for treating clinicians or support workers.
  • Ask family and supporters for letters setting out the practical help they can give.
  • Keep your behaviour in custody clean and avoid any drug use.

For help preparing submissions and supporting material, see Parole Lawyers Melbourne.

Frequently asked questions

Is parole automatic once I reach my non-parole period?

No. You must apply to the Board, and it decides whether releasing you is consistent with community safety. Applications are often refused or delayed because required programs have not been completed or accommodation is not in place, so start preparing well before your non-parole period ends.

When can I apply for parole?

Up to 12 months before your earliest eligibility date. You cannot be released before that date, and the Board may not decide until after it if the assessment takes time.

What happens if I do not apply?

The Board will not consider you for parole and you will serve your full sentence. You can still apply later, but leaving it too late may mean there is not enough time for a decision.

What can I do if parole is refused?

You can write to the Board asking it to review the decision, and in most cases you can reapply straight away. The Board will look at whether anything has changed to reduce your risk. There is no right of appeal against a Board decision.

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About this guide

This guide was written by Angus Cameron & Partners, a Melbourne criminal defence firm. Our principal, Angus Cameron, is an LIV Accredited Specialist in Criminal Law and is listed in Doyle's Guide. We regularly act for people in custody seeking parole, including those whose parole has been cancelled, and we work with experienced barristers on parole submissions. If you or a family member needs help with a parole application, contact us for advice about your situation.